rapgood
Regular Member
But DUI in a boat is not charged under 46.61.502...it's charged under 79A.60.040
Yep. You're right (haven't done a DUI for boats).
Still I believe you enough not to attempt carry on a boat until I get a CPL....
Good, because RCW § 9.91.020 states:
Every person who, being employed upon any railway, as engineer, motorman, gripman, conductor, switch tender, fireman, bridge tender, flagger, or signalman, or having charge of stations, starting, regulating or running trains upon a railway, or being employed as captain, engineer or other officer of a vessel propelled by steam, or being the driver of any animal or vehicle upon any public highway, street, or other public place, is intoxicated while engaged in the discharge of any such duties, shall be guilty of a gross misdemeanor.
And, although part of RCW 9.91.020 was impliedly repealed by the subsequent enactment of RCW 46.61.502 (as held in State v. Wilson, 39 Wn. App. 883, 885 (1985)), 9.91.020 was reenacted in SUBSTITUTE SENATE BILL 5077, Chapter 23, Laws of 2013, overcoming any implication of repeal. If the legislature had wanted to repeal it, this would have been the opportunity. However, 46.61.502 is expressly limited to vehicles on highways (RCW 46.61.005(2)) and 9.91.020 has a wider reach.
Which pretty much, although not dispositively, gives the court a peg to hang its hat on that a boat is a "vehicle" when someone is being prosecuted under Title 9.41 for unlawful carry.